No-Knock Entry
NO-KNOCK ENTRY
Police are not allowed to enter a house to search or make an arrest unless they have procured a warrant based on probable cause, according to payton v. new york (1980) and Vale v. Louisiana (1970). If police cannot get a warrant because of exigent circumstances, they may act on probable cause alone. In either case, the Supreme Court has not articulated specific rules for no-knock entries. At common law, police could not make a forcible entry unless admittance was refused after they announced their authority and purpose, and the federal code of criminal procedure prescribes the same requirements. But the Court has not made this rule into a formal fourth amendment requirement. Rather, the Court emphasizes that entries must always be reasonable, and forcible entries must be based on exigent circumstances. A few states authorize by statute the issuance of no-knock warrants, but any blanket sanctioning of such entries probably would be held to violate the Fourth Amendment.
Catherine Hancock
(1986)
Bibliography
La Fave, Wayne R. 1978 Search and Seizure: A Treatise on the Fourth Amendment. Vol. 2:122–140. St. Paul, Minn.: West Publishing Co.